Two Iraqis face war crimes trial

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Faisal Al-Saadoon, 56, and Khalaf Mufdhi, 58, detained by British forces in Basra, were given until 4pm on Monday next week to challenge the unprecedented ruling in the Court of Appeal.

Lord Justice Richards and Mr Justice Silber, sitting in London, ordered the Government not to remove them "outside British custody" before that deadline.

Lord Justice Richards said the court had found the men could be transferred to the custody of the Iraqi court "notwithstanding that on our view they could face the real risk of the death sentence if convicted.

"We are seriously troubled by that conclusion. We regard the issues in the case as difficult and important."

Both men are accused of murdering Staff Sergeant Simon Cullingworth and Sapper Luke Allsopp during the Iraq war in 2003.

Phil Shiner, the solicitor representing Al-Saadoon and Mufdhi, said: "We are disappointed by the final decision that it would be lawful for our clients to be transferred to the Iraqi Higher Tribunal in Baghdad, despite the fact that our clients face a real risk of the death penalty if convicted by the Iraqi Higher Tribunal.

"We will, however, be challenging today's decision to the Court of Appeal and note that in today's judgment the judges have indicated that they are minded to grant our clients permission to appeal, in view of the obvious difficulty and importance of the issues raised by this case in respect of our clients' exposure to the death penalty."